Elie Mystal Goes off on Biden on MSNBC: ‘Hokey Past’ Is Over


Elie Mystal said President Joe Biden’s mindset is stuck in a bygone era, thus making him unwilling to meet the challenges liberals face in the 2020s.

Appearing on All In with Chris Hayes, Mystal said Biden is “ossified in his past thinking.”

The U.S. Supreme Court has released a flurry of decisions in recent weeks that have been met with derision and horror among Democrats. Chief among them is a ruling overturning Roe. v. Wade and the constitutional right to abortion. In another case, the court struck down a New York law governing the concealed carry of firearms.

Hayes called the court’s most recent term “the nightmare scenario.”

Mystal said the term is the court’s worst since 1857, when it ruled in Scott v. Sanford that the rights of citizens do not apply to people of African descent. As such, the court said Dred Scott, a Black man and slave who had sued for his freedom, had no right to do so.

He then referenced the court’s decision in Planned Parenthood v. Casey in 1992, where the court upheld Roe by a 5-4 vote.

“Those five votes in the majority were justices all appointed by Republican presidents,” Mystal said. “In fact, the 1992 court… had justices, eight of whom who were appointed by Republican presidents. And yet, they upheld roe. Why? It’s not like they liked abortion.”

He stated the court upheld Roe because “conservatives 30 years ago believed in practicality. They said, repeatedly in Casey that the practical realities of abortion – of what the government can do and can’t do – were such that they had to uphold the law just because of the facts on the ground.”

Mystal said the conservatives on the court now simply ignore the facts and the law.

Hayes replied by noting President Franklin Roosevelt threatened to expand the Supreme Court after being dealt some unfavorable rulings against his New Deal legislation.

“He loses that fight,” said Hayes, “But there’s some evidence to suggest the court was intimidated by it and basically reverses their jurisprudence. What’s the lesson there about what checks a court that is sort of dead set on this kind of reactionary marauding?” asked Hayes.

Mystal replied by saying that for all intents and purposes, the court is fundamentally powerless. He also took Biden to task for his response to the rulings:

The court has no money, it has no power to tax, and it has no army. The person who can stop the court is the executive of the United States, the president of the United States. But right now – and I wouldn’t say that I am angry at Biden right now. I am sad… Because you know who remembers 30 years ago? Joe Biden. Joe Biden remembers the hokey past of bipartisanship where he can reach out to conservatives who are concerned about practical governance.

Those people don’t exist now, but Joe Biden never got the memo. And so I am sad that in this crucial moment, we have a president who is unwilling, who is ossified in his past thinking, that he won’t stand with his people at this critical moment to take power back – not for himself, because he doesn’t matter. But to take power back for the American people,from these unelected, unaccountable judges.

“And for constitutional governance,” Hayes replied.

Watch above via MSNBC.

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